The Effects of Cybercrime to the Out of

School Youth Living in Barangay San

Roque

Desiree C. Berondo, Krizelle Kate Arcala,

Joylyn Suerte, Mitchie Figuera & Angelica Pitong

Researchers

A Research Paper

Submitted in Partial Fulfilment of the

Requirements for the

MAPEH subject

Malungon National San Roque Annex

November 6, 2017

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 ACKNOWLEDGEMENTS

Our deepest gratitude to the following people who supported us physically,

mentally, financially, emotionally and spiritually that we made this research possible and

successful.

First, to all of the respondents from the out of school youth community, because

their moral support upon answering the questionnaire is truly a big help to make this

research possible.

. Second, a special thanks to the parents of the chosen respondents for allowing

us to conduct our interview that is necessary for this research. Their approval triggers

the positive result of our study.

Third, our admiration to our parents who supported us financially and morally.

Their financial and moral support is truly an instrument in conducting this research of

ours.

Fourth, to Sir Moresto E. San, our Mapeh teacher, who gave us the knowledge,

guidance and patience in teaching us on how to do the proper way of researching. He

truly encourages us to be persevering enough in making a research possible.

Lastly, to our Almighty father who give us wisdom, knowledge, and strength to

finish this study. Without His blessing, we believe that this research would not be

possible.

-Researchers

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 Table of Contents

CHAPTER I

Background and Rational of the Study..............................................................4

Objectives of the Study.....................................................................................6

Significance of the Study .................................................................................7

Scope and Limitation of the Study....................................................................8

Operational definition of Variables and Other Terms........................................8

CHAPTER II

Review and Related Literatures .....................................................................10

CHAPTER III

Methodology...................................................................................................54

Research Design..………...................................................................54

Target Population and Sampling………………………………………54

Research Instrument……………………………………………………55

Data Collection................................................................................................56

Result and Discussion…………………………………………………56

Conclusion…………………………………………………………………….…61

Recommendation………………………………………………………………..62

Bibliography....................................................................................................64

Appendices.....................................................................................................65

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 Chapter I

Background and Rationale of the Study

In 1960s, internet was developed for better communication and research. With

advancement of technology and expansion of internet every area becomes easy to

access but it also provides a pathway to commit crimes easily without any effort only

sitting on a system.

The rapid growth of the internet, not just terms of users, but also in terms of

functionality has allowed entire industries to move their operations, and importantly their

money into the internet. This has lead naturally towards a politic growth in the criminal

activity conducting solely through virtual means.

Some human minds of criminal nature use internet as a tool of crime which is

now known as cybercrime committed in cyber space. Cybercrime is now the burning

issue for all countries to handle because most of data is transferred online even

governmental data also. Cybercrime term is used to describe criminal activity in which

computer or computer network are a tool or target of criminal activity to denial of service

attack. It also includes traditional crime in which computers are used.

Cybercrime mainly consists of unauthorized access to data and data alternation,

data destruction, theft of funds or intellectual property. Due to these online criminal

activities cyberspace is most unsafe place to do business.

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 It may not be obvious to all of the citizens of San Roque but cybercrime is still a

big problem. Hence, it still exists in the community and there are a lot of people who are

being affected, even the out of school youth.

Findings indicate that cybercrime is becoming more prevalent as people spend

an increasing amount of time using technology that keeps them connected to people at

all hours of the day. There are many different ways in which cyber criminals reach their

victims, including instant messaging over the Internet, social networking web sites, text

messaging and phone calls to cell phones. There are different forms of cybercrimes

including, but not limited to, harassment, impersonation, cyber stalking, cyber bulling,

cybersquatting and such... Like any other crimes, cybercrime is a serious problem which

can cause the victim to feel inadequate and overly self-conscious, along with the

possibility of committing suicide due to being a cybercrime victim.

The researchers chose the “Effects of the Cybercrime to the Out of School Youth

Living in San Roque” as their topic because they wanted to know what are the effects of

cybercrime to a person who suffered from it and what consequences does that person

faced after.

Also, the researchers wanted to have a depth perception in every angle that the

cybercrime victim had experienced in his/her situation after being victimized to the cyber

world. What does he/she do after being victimized? Does it affect his/her everyday

work? Does it affect the way he/she communicate to other people of San Roque? And

how did she cope up with it?

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 This study conducted by the researchers is for the out of school youth living in

San Roque. To know if they knew that there is a law against it and if none, the

researchers also wanted to educate them about the Republic Act. No. 10175 also

known as the Cybercrime Prevention Act of 2012.

Statement of the Problem/ Objectives of the Study

This study aims to answer “What are the Effects of Cybercrime to the Out of

School Youth Living at San Roque?”

The purpose of this research study is to further understand cybercrime which

continues to occur more frequently as technology becomes more readily accessible by

the masses, especially teenagers; and to explore ways of preventing cybercrimes

before it happens, and intervening after it has occurred.

With the problem presented, this will help the researchers to identify the effects

of cybercrime to a person who had experienced it.

This study also aims to answer the following questions:

1. What is the common cybercrime that usually the out of school youth living in San

Roque experienced?

2. How does the cybercrime known as digital epidemic?

3. What is the law concerning cybercrime?

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Significance of the Study

This study conducted by the researchers is important to the:

 Beneficiaries- because they will understand what are the effects if a person

undergoes from Cybercrime. It will help them to have a wider view about it and it will

open their minds on eliminating cybercrimes in the community to avoid having

conflicts and giving burdens to others.

 Researcher- it is important to the researcher because it can help their selves to

know deeper about the Cybercrime and who among in their community suffers from

it and what they can do to help the respondents cope up with the problem.

 Community- since our study focuses on the community of San Roque, it is important

in the sense that it tackles about an existing problem in the community which is

cybercrime. To think that all of the respondents were all living in the said place. And

also, the community may conduct punishments whoever breaks the Law of Cyber-

crime Prevention Act of 2012 which also tackles the punishable acts and

punishments or simply the Barangay officials may think of rules and regulations that

can protect both of the bullied and the bully.

 Municipality- it is important to the Municipality of Malungon where the Barangay San

Roque is located for the reason that surely, this case, the Cybercrimes doesn’t only

exist in the San Roque. With our study, they may conduct other studies to observe if

there is Cybercrimes that is happening in any other barangays so that they can take

actions with it.

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 Nation- this study is important to the nation because it tackles a problem that is not

happening only in one barangay. Cybercrime has a big parameter and the

government should mobilize the Law for the people to be aware of it.

Scope and Assumption/ Limitation of the Study

This study entitled “The Effects of Cybercrime to the Out Of School Youth

Living in the Barangay San Roque” uses the quantitative method of research. The

respondents are all coming from the said Barangay with the total of 10 respondents.

The researchers interviewed the respondents personally to gather the needed Data.

It was assumed that the research reviewed has been done by researchers with

integrity. It was also assumed that the research study would clearly identify the effects

of cybercrime to the person who suffered from it, what is the most common cybercrime

in the barangay san Roque. This study will reveal recommendations for the parents of

the youth, to the youth itself and to the Barangay officials.

Operational Definition of Variables and Other Terms

The following terms were given definition by the researchers based on their study

and not on any other bases.

 Effects- something that is produced by an agency or cause; consequences.

 Cybercrime - Involves the use of information and communication technologies

such as e-mail, cell phone and pager text messages, instant messaging,

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 defamatory personal Web sites, and defamatory online personal polling Web

sites, to support deliberate, repeated, and hostile behaviour by an individual or

group that is intended to harm others. (Belsey, 2004, n.p.)

 Out of School Youth-persons who are not yet married, having no child that are

not studying and may be working independently or dependently.

 San Roque- a small barangay found in the Municipality of Malungon and in the

province of Sarangani.

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 Chapter II

Review on Related Literature

The following review of related literature will going to answer what is the common

cybercrime that is existing in Barangay San Roque in which the out of school youth

there are experiencing, and according to the result of the survey, the most common one

is the cyber bullying.

Cyber bullying vs. traditional bullying

While often similar in terms of form and technique, cyber bullying and bullying

have many differences that can make the latter even more devastating. With the former,

victims may not know who the bully is, or why they are being targeted. The cyber-bully

can cloak his or her identity behind a computer or phone using anonymous email

addresses or pseudonymous screen names. Second, the hurtful actions of a cyber-bully

are viral; that is, a large number of people (at school, in the neighbourhood in the city, in

the world!) can be involved the victimization, or at least find out about the incident with a

few keystrokes or touchscreen impressions. It seems, then, that the pool of potential

victims, of-fenders, and witnesses/bystanders is limitless.

Third, it is often easier to be cruel using technology because cyber bullying can

be done from a physically distant location, and the bully doesn’t have to see the

immediate response by the target. In fact, some teens simply might not recognize the

serious harm they are causing because they are sheltered from the victim’s response.

Finally, while parents and teachers are doing a better job supervising youth at school

and at home, many adults don’t have the technological know-how (or time!) to keep

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track of what teens is up to online. As a result, a victim’s experiences may be missed

and a bully’s actions may be left unchecked. Even if bullies are identified, many adults

find themselves unprepared to adequately respond.

Why is cyber bullying becoming a major issue?

Cyber bullying is a growing problem because in-creasing numbers of kids are

using and have completely embraced online interactivity. A remarkable 95% of teens in

the US are online, and three-fourths (74%) access the Internet on their mobile device.

They do so for school work, to keep in touch with their friends, to play games, to learn

about celebrities, to share their digital creations, or for many other reasons. Because

the online communication tools have become such a tremendous part of their lives, it is

not surprising that some youth have decided to use the technology to be malicious or

menacing towards others. The fact that teens are connected to technology 24/7 means

they are susceptible to victimization (and able to act on mean intentions toward others)

around the clock. As alluded to, is also easier to be hateful using typed words rather

than spoken words face-to-face. And because some adults have been slow to respond

to cyber bullying, many cyber bullies feel that there are little to no consequences for

their actions. Many even feel that there is little chance of detection and identification, let

alone sanction.

Cyber bullying crosses all geographical boundaries. The Internet has really

opened up the whole world to users who access it on a broad array of devices, and for

the most part this has been a good thing (a really good thing!). Nevertheless, because

of the issues previously discussed, some kids feel free to post or send whatever they

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want while online with-out considering how that content can inflict pain – and sometimes

cause severe psychological and emotional wounds.

Obstacles in the fight to stop cyber bullying

There are two primary challenges today that make it difficult to prevent cyber

bullying. First, even though this problem has been around for well over a decade, some

people still don’t see the harm as-associated with it. Some attempt to dismiss or

disregard cyber bullying because there are “more serious forms of aggression to worry

about.” While it is true that there are many issues facing adolescents, parents, teachers,

and law enforcement today, we first need to accept that cyber bullying is one such

problem that will only get more serious if ignored.

The other challenge relates to who is willing to step up and take responsibility for

responding to inappropriate use of technology. Parents often say that they don’t have

the technical skills to keep up with their kids’ online behaviour, and that schools should

be covering it in detail during class time and through other programming. Educators are

often doing their part through policies, curricula, training, and assemblies, but

sometimes don’t know when and how to intervene in online behaviours that occur away

from school but still involve their students. Finally, law enforcement is hesitant to get

involved unless there is clear evidence of a crime or a significant threat to someone’s

physical safety. As a result, cyber bullying incidents slip through the cracks, are dealt

with too formally, are dealt with too informally, or are otherwise mismanaged. At that

point, the problem behaviours often continue and escalate because they aren’t

adequately or appropriately addressed. Based on these challenges, we collectively

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need to create an environment where kids feel comfortable talking with adults about this

problem and feel confident that meaningful steps will be taken to resolve the situation.

We also need to get everyone involved - kids, parents, educators, counsellors, youth

leaders, law enforcement, social media companies, and the com-munity at large. It will

take a concerted and comprehensive effort from all stakeholders to make a meaningful

difference in reducing cyber bullying.

When should law enforcement get involved?

Law enforcement officers also have a role in pre-venting and responding to cyber

bullying. To begin, they need to be aware of ever-evolving state and local laws

concerning online behaviours, and equip themselves with the skills and knowledge to

intervene as necessary. In a recent survey of school re-source officers, we found that

almost one-quarter did not know if their state had a cyber-bullying law. This is surprising

since their most visible responsibility involves responding to actions which are in

violation of law (e.g., harassment, threats, stalking). Even if the behaviour doesn’t

immediately appear to rise to the level of a crime, officers should use their discretion to

handle the situation in a way that is appropriate for the circumstances. For example, a

simple discussion of the legal issues involved in cyber bullying may be enough to deter

some youth from future misbehaviour. Officers might also talk to parents about their

child’s conduct and express to them the seriousness of online harassment.

Relatedly, officers can play an essential role in pre-venting cyber bullying from

occurring or getting out of hand in the first place. They can speak to students in

classrooms about cyber bullying and online safety issues more broadly in an attempt to

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dis-courage them from engaging in risky or unacceptable actions and interactions. They

might also speak to parents about local and state laws, so that they are informed and

can properly respond if their child is involved in an incident.

Prevalence and forms of Cyber Bullying

Cyber-safety is a pervasive and global problem (Li, 2006, 2008, Ang & Goh,

2012, Kraft, 200, Shariff, 2008). It is an international phenomenon that is widely

unregulated. Adolescents all over the world are progressively becoming technologically

savvy and digitally trendy, as communication through use of cell phones and other

handheld devices such as iPods and Blackberries, and Internet access using

computers, become part of adolescent lifestyle. This recent globalization and easy

access to the Internet and other technologies among adolescents have become the

focus of news reports and research. Also, recent reports on the misuse of technologies

have concerned educators, leaders, parents and lawmakers who try to warn people

about cyber danger (McLaughline 2010). The present research is aimed to addressing

cyber bullying behaviour. Specifically, the prevalence of the behaviour, the technologies

involved and the perspectives of youth in urban and suburban of the Philippines.

The cyber-danger issues range from cyber bullying to sexting and most recently,

sexbullying (Eraker, 2010). Legal issues such as cyber safety, school, and parental

responsibilities, moral questions and ethical dilemmas have been the main interest of

educators, leaders, parents and lawmakers. In some instances, teens have been

suspended from school, charged with pornography and listed as sex offenders. Teens

know that they should not be involved with theses high-risk behaviours but continue to

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do them because they don’t fully understands the particular long-term consequences to

either the bullies or the victims (Sylwester, 2007). Some experts in the field of

adolescent health claim that the adolescent prefrontal brain cortex is not fully mature

until the age of twenty (Giedd, 2004). Adolescent not only lack life experience, but also

appropriate physiology of the brain to judge how to respond to dangerous situations.

With increasing concerns about online safety, research in this area is important to both

policy makers and the public.

As adolescents have started to use the Internet and text messaging for social

communication, cyber bullying has become increasingly prevalent. The many forms of

cyber bullying that Willard (2007) describes are harassment, flaming, denigration,

impersonation, trickery, outing, exclusion, and cyber stalking. He makes clear

distinctions among each other. Cyber bullying as harassment is the repeated sending of

“mean, nasty and insulting messages”. Flaming is fighting using “vulgar language” in an

online conversation and “is similar to face to face bullying or verbal fighting”. Cyber

bullying as denigration is “dissing someone online” and/or send or post slanderous

comments to damage a person’s reputation. Impersonation cyber bullying is using

information that has been fabricated to damage someone’s reputation. Cyber bullying

as trickery is scamming someone into “revealing secrets and embarrassing information

online”. Outing is “sharing someone’s secret and private information” to hurt the other

person. Exclusion cyber bullying is purposely and maliciously isolating a person from a

social group. Lastly, cyber stalking is an online pursuit of “unwanted relationship”.

O’Shaughnessy (2011) identifies methods used to cyber bully, including instant

messaging, email, text messaging, social networking, and chat room blogs and

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websites. Instant messaging refers “to real-time, type’s conversations via the Internet

with people on a buddy or contact list”. Perpetrators can send harassing messages

which are often times difficult to trace if the message are erased in cyber space. Email

is a method of cyber bullying where a person can send a single email to one or many

people and sometimes can be difficult to trace. Text messages are “typically stored in

the mobile phone, but can be erased permanently, which makes it difficult to obtain

proof or evidence of bullying”. Social networking sites, such as Facebook, are defined

as websites that allow people to post profiles of them to meet or communicate with

people who are part of their extended social networking groups. Bullying on Facebook

can involve “writing about their peers in their news feed, or by creating fake identities

and building profiles to harass other people.” Chat rooms, blogs and websites can be

used “to impersonate, humiliate, embarrass and damage reputations” of other persons,

examples might include using URL, creating a website, and posting photos of others

through electronic communications such as email, texting, or social networking sites.

Cyber bullying and sexting are new and emerging phenomena. There has been a

number of news stories and police reports published about cyber incidents in different

parts of the world. Research in the area of cyber bullying has utilized online, telephone,

and in-person surveys. Cyber bullying studies conducted in the United States have

focused on teen bullying behaviours. These teen behaviours have been the focus of

cyber bullying and sexting research. This research can be difficult to conduct because

many cyberspace activities are anonymous.

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 This portion answers the questions, “How does the cybercrime known as a digital

epidemic?

Cybercrime has become a silent global digital epidemic. This shocking truth is

uncovered by the Norton Cybercrime Report: The Human Impact.”

This ground-breaking study exposes the alarming extent of cybercrime and the

feelings of powerlessness and lack of justice felt by its victims worldwide. It identifies

people’s intense emotions towards the perpetrators and the often flawed actions people

take to prevent and resolve cybercrime. This study nails down the true cost of

cybercrime while raising questions about people’s own online ethics and behaviour.

This report shows that every click matters. It high lights the need for better awareness

and education for all Internet users and puts forward expert insights and advice on how

we can take back the Internet form the cybercriminals.

The silent digital epidemic: Cybercrime is happening to all of us. Cybercrime has

become a silent global digital epidemic. The majority of internet users worldwide have

fallen victim and they feel incredibly powerless against faceless cybercriminals. For the

first time, this report reveals that nearly to thirds of adults globally has been eviction of

some kind of cybercrime or almost 65% of the worldwide population. Cybercrime

hotspots where adults have experienced cybercrime include:

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 Computer viruses and malware attacks are the most common types of

cybercrime people suffer from with 51% of adults globally feeling the effects of these. In

New Zealand, Brazil and China it’s even worse, with more than six out of 10 computers

getting infected (61%, 62% and 65% respectively). Adults around the world have also

been on the receiving end of online scams, phishing attacks, hacking of social

networking profiles and credit card fraud; seven per cent of adults have even

encountered sexual predators online.

Cybercrimes experienced globally includes the following: Computer Viruses/

Malware 51%, Online Scams 10%, Phishing 9%, Social Networking Profile Hacking 7%,

Online Credit Card Fraud 7% and sexual predation 7%.

“Computer and online crime is different from crime in the ‘real world’. It’s not

tangible or visible to most people and hard to resolve. So it’s vital to have up-to-date

security software in place because in the case of online crime, an ounce of prevention is

worth a ton of cure” by Anne Collier, Editor of NetFamilyNews.org & Co-chair of the

Online Safety & Technology Working Group and Report Collaborator.

Paralyzed by Powerlessness

It’s sad but true that nearly nine in 10 adults are thinking about cybercrime and

over a quarter actually expect to be scammed or defraud online. Only a tiny minority

think cybercrime won’t happen to them. Yet, despite the universal threat and incidence

of cybercrime, only half of adults say they would change the way they behave online if

they became a victim. Only 3% of people globally don’t expect to be a victim of

cybercrime.

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 Frozen by fear. Why are we so accepting of cybercrime? According to associate

professor of psychology at Loyola Marymount University, Joseph LaBrie PhD, it’s what

is known as “learned helplessness’.

Lack of Justice Against Faceless Criminals

Fuelling the feeling of powerlessness is the belief that ‘faceless’ criminals are the

main perpetrators of crime and almost eight out of ten adults do not expect

cybercriminals to be brought to justice.

Adam Palmer, Norton Lead Cyber Security Advisor, believes these figures tell a

mixed tale. He says,” Many criminals reside in a foreign country so it’s no surprise that

people regard them as ‘faceless’. They physically are. And because international

cybercrime is hard to uncover and prosecute people genuinely aren’t seeing justice

being done.”

The Following review of related literature will answer the question, “What is the law

concerning cybercrime?”

Rules and Regulations Implementing

Republic Act No. 10175, Otherwise Known as the

“Cybercrime Prevention Act of 2012”

Pursuant to the authority of the Department of Justice, Department of Interior and

Local Government, and Department of Science and Technology under Republic Act No.

10175, otherwise known as the “Cybercrime Prevention Act of 2012”, the following rules

and regulations are hereby promulgated to implement the provisions of said Act:

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 RULE 1

Preliminary Provisions

Section 1. Title. – These Rules shall be referred to as the Implementing Rules and

Regulations of Republic Act No. 10175, or the “Cybercrime Prevention Act of 2012”.

Section 2. Declaration of Policy. – The State recognizes the vital role of information and

Communications industries, such as content production, telecommunications,

broadcasting, electronic commerce and data processing, in the State’s overall social

and economic development.

The State also recognizes the importance of providing an environment conducive

to the development, acceleration, and rational application and exploitation of information

and communications technology to attain free, easy, and intelligible access to exchange

and/or delivery of information; and the need to protect and safeguard the integrity of

computer, computer and communications systems, networks and databases, and the

confidentiality, integrity, and availability of information and data stored therein from all

forms of misuse, abuse and illegal access by making punishable under the law such

conduct or conducts.

The State shall adopt sufficient powers to effectively prevent and combat such

offenses by facilitating their detection, investigation and prosecution at both the

domestic and international levels, and by providing arrangements for fast and reliable

international cooperation.

Section 3. Definition of Terms. – The following terms are defined as follows:

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a) Access refers to the instruction, communication with, storing data in, retrieving data

from, or otherwise making use of any resources of a computer system or

communication network;

b) Act refers to Republic Act No. 10175 or the “Cybercrime Prevention Act of 2012”;

c) Alteration refers to the modification or change, in form or substance, of an existing

computer data or program;

d) Central Authority refers to the DOJ – Office of Cybercrime;

e) Child Pornography refers to the unlawful or prohibited acts defined and punishable by

Republic Act No. 9775 or the “Anti-Child Pornography Act of 2009”, committed through

a computer system:

Provided, that the penalty to be imposed shall be one (1) degree higher than that

provided for in Republic Act No. 9775;

f) Collection refers to gathering and receiving information;

g) Communication refers to the transmission of information through information and

communication technology (ICT) media, including voice, video and other forms of data;

h) Competent Authority refers to either the Cybercrime Investigation and Coordinating

Centre or the DOJ – Office of Cybercrime, as the case may be;

i) Computer refers to an electronic, magnetic, optical, electrochemical, or other data

processing or communications device, or grouping of such devices, capable of

performing logical, arithmetic, routing or storage functions, and which includes any

storage facility or equipment or communications facility or equipment directly related to

or operating in conjunction with such device. It covers any type of computer device,

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including devices with data processing capabilities like mobile phones, smart phones,

computer networks and other devices connected to the internet;

j) Computer data refers to any representation of facts, information, or concepts in a form

suitable for processing in a computer system, including a program suitable to cause a

computer system to perform a function, and includes electronic documents and/or

electronic data messages whether stored in local computer systems or online;

k) Computer program refers to a set of instructions executed by the computer to achieve

intended results;

l) Computer system refers to any device or group of interconnected or related devices,

one or more of which, pursuant to a program, performs automated processing of data. It

covers any type of device with data processing capabilities, including, but not limited to,

computers and mobile phones. The device consisting of hardware and software may

include input, output and storage components, which may stand alone or be connected

to a network or other similar devices. It also includes computer data storage devices or

media;

M) Content Data refers to the communication content of the communication, the

meaning or purport of the communication, or the message or information being

conveyed by the communication, other than traffic data.

n) Critical infrastructure refers to the computer systems, and/or networks, whether

physical or virtual, and/or the computer programs, computer data and/or traffic data that

are so vital to this country that the incapacity or destruction of or interference with such

system and assets would have a debilitating impact on security, national or economic

security, national public health and safety, or any combination of those matters;

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O) Cyber security refers to the collection of tools, policies, risk management

approaches, actions, training, best practices, assurance and technologies that can be

used to protect the cyber environment, and organization and user’s assets;

P) National Cyber security Plan refers to a comprehensive plan of actions designed to

improve the security and enhance cyber resilience of infrastructures and services. It is a

top-down approach to cyber security that contains broad policy statements and

establishes a set of national objectives and priorities that should be achieved within a

specific timeframe;

Q) Cybersex refers to the wilful engagement, maintenance, control or operation, directly

or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid

of a computer system, for favour or consideration;

R) Cyber refers to a computer or a computer network, the electronic medium in which

online communication takes place;

S) Database refers to a representation of information, knowledge, facts, concepts or

instructions which are being prepared, processed or stored, or have been prepared,

processed or stored in a formalized manner, and which are intended for use in a

computer system;

T) Digital evidence refers to digital information that may be used as evidence in a case.

The gathering of the digital information may be carried out by confiscation of the storage

media (data carrier), the tapping or monitoring of network traffic, or the making of digital

copies (e.g., forensic images, file copies, etc.), of the data held;

U) Electronic evidence refers to evidence, the use of which is sanctioned by existing

rules of evidence, in ascertaining in a judicial proceeding, the truth respecting a matter

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of fact, which evidence is received, recorded, transmitted, stored, processed, retrieved

or produced electronically;

V) Forensics refers to the application of investigative and analytical techniques that

conform to evidentiary standards, and are used in, or appropriate for, a court of law or

other legal context;

W) Forensic image, also known as a forensic copy, refers to an exact bit-by-bit copy of

a data carrier, including slack, unallocated space and unused space. There are forensic

tools available for making these images. Most tools produce information, like a hash

value, to ensure the integrity of the image;

X) Hash value refers to the mathematical algorithm produced against digital information

(a file, a physical disk or a logical disk) thereby creating a “digital fingerprint” or “digital

DNA” for that information. It is a one-way algorithm and thus it is not possible to change

digital evidence without changing the corresponding hash values;

Y) Identifying information refers to any name or number that may be used alone or in

conjunction with any other information to identify any specific individual, including any of

the following:

Name, date of birth, driver’s license number, 1. Passport number or tax identification

number;

2. Unique biometric data, such as fingerprint or other unique physical representation;

3. Unique electronic identification number, address or routing code; and

4. Telecommunication identifying information or access device.

Z) Information and communication technology system refers to system intended for, and

capable of, generating, sending, receiving, storing or otherwise processing electronic

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data messages or electronic documents, and includes the computer system or other

similar device by or in which data is recorded or stored, and any procedures related to

the recording or storage of electronic data message or electronic document;

aa) Interception refers to listening to, recording, monitoring or surveillance of the content

of communications, including procurement of the content of data, either directly through

access and use of a computer system, or indirectly through the use of electronic

eavesdropping or tapping devices, at the same time that the communication is

occurring;

bb) Internet content host refers to a person who hosts or who proposes to host internet

content in the Philippines;

cc) Law enforcement authorities refers to the National Bureau of Investigation (NBI) and

the Philippine National Police (PNP) under Section 10 of the Act;

dd) Original author refers to the person who created or is the origin of the assailed

electronic statement or post using a computer system;

ee) Preservation refers to the keeping of data that already exists in a stored form,

protected from anything that would cause its current quality or condition to change or

deteriorate. It is the activity that keeps that stored data secure and safe;

ff) Service provider refers to: 1. any other entity that processes or stores computer data

on behalf of such communication service or users of such service.

2.

gg) Subscriber’s information refers to any information contained in the form of computer

data or any other form that is held by a service provider, relating to subscribers of its

25
services, other than traffic or content data, and by which any of the following can be

established:

The type of communication service used, the technical provisions taken thereto

and the period of service;

The subscriber’s identity, postal or geographic address, telephone and other

access number, any assigned network address, billing and payment information that are

available on the basis of the service agreement or arrangement; or

Any other available information on the site of the installation of communication

equipment that is available on the basis of the service agreement or arrangement.

hh) Traffic Data or Non-Content Data refers to any computer data other than the content

of the communication, including, but not limited to the communication’s origin,

destination, route, time, date, size, duration, or type of underlying service; and

ii) Without Right refers to either: (i) conduct undertaken without or in excess of authority;

or (ii) conduct not covered by established legal defences, excuses, court orders,

justifications or relevant principles under the law.

RULE 2

Punishable Acts and Penalties

Cybercrimes

Section 4. Cybercrime Offenses. – The following acts constitute the offense of core

cybercrime punishable under the Act:

A. Offenses against the confidentiality, integrity and availability of computer data and

systems shall be punished with imprisonment of prison mayor or a fine of at least Two

26
Hundred Thousand Pesos (P200, 000.00) up to a maximum amount commensurate to

the damage incurred, or both, except with respect to number 5 herein:

Illegal Access – The access to the 1. Whole or any part of a computer system without

right.

Legal Interception – The interception made by technical means and without right, of any

non-public transmission of computer data to, from, or within a computer system,

including electromagnetic emissions from a computer system carrying such computer

data: Provided, however, That it shall not be unlawful for an officer, employee, or agent

of a service provider, whose facilities are used in the transmission of communications,

to intercept, disclose or use that communication in the normal course of employment,

while engaged in any activity that is necessary to the rendition of service or to the

protection of the rights or property of the service provider, except that the latter shall not

utilize service observing or random monitoring other than for purposes of mechanical or

service control quality checks.

2. Data Interference – The intentional or reckless alteration, damaging, deletion or

deterioration of computer data, electronic document or electronic data message, without

right, including the introduction or transmission of viruses.

3. System Interference – The intentional alteration, or reckless hindering or interference

with the functioning of a computer or computer network by inputting, transmitting,

damaging, deleting, deteriorating, altering or suppressing computer data or program,

electronic document or electronic data message, without right or authority, including the

introduction or transmission of viruses.

27
4. Misuse of Devices, which shall be punished with imprisonment of prison mayor or a

fine of not more than Five Hundred Thousand Pesos (P500, 000.00), or both, is

committed through any of the following acts:

5. A. The use, production, sale, procurement, importation, distribution or otherwise

making available, intentionally and without right, of any of the following:

i. A device, including a computer program, designed or adapted primarily for the

purpose of committing any of the offenses under this rules; or

ii. A computer password, access code, or similar data by which the whole or any part of

a computer system is capable of being accessed with the intent that it be used for the

purpose of committing any of the offenses under this rules.

b. The possession of an item referred to in subparagraphs 5(a) (i) or (ii) above, with the

intent to use said devices for the purpose of committing any of the offenses under this

section. Provided, That no criminal liability shall attach when the use, production, sale,

procurement, importation, distribution, otherwise making available, or possession of

computer devices or data referred to in this section is for the authorized testing of a

computer system.

If any of the punishable acts enumerated in Section 4(A) is committed against

critical infrastructure, the penalty of reclusion temporal, or a fine of at least Five

Hundred Thousand Pesos (P500, 000.00) up to maximum amount commensurate to the

damage incurred, or both shall be imposed.

B. Computer-related Offenses, which shall be punished with imprisonment of prison

mayor, or a fine of at least Two Hundred Thousand Pesos (P200, 000.00) up to a

maximum amount commensurate to the damage incurred, or both, are as follows:

28
1. Computer-related Forgery –

a. The input, alteration or deletion of any computer data without right, resulting in

inauthentic data, with the intent that it be considered or acted upon for legal purposes

as if it were authentic, regardless whether or not the data is directly readable and

intelligible; or

b. The act of knowingly using computer data, which is the product of computer-related

forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest

design.

2. Computer-related Fraud – The unauthorized “Input, alteration or deletion of computer

data or program, or interference in the functioning of a computer system, causing

damage thereby with fraudulent intent: Provided, that if no damage has yet been

caused, the penalty imposable shall be one

(1) Degree lower.

3. Computer-related Identity Theft – The intentional acquisition, use, misuse, transfer,

possession, alteration or deletion of identifying information belonging to another,

whether natural or juridical, without right: Provided, That if no damage has yet been

caused, the penalty imposable shall be one (1) degree lower.

C. Content-related Offenses:

1. Any person found guilty of Child Pornography shall be punished in accordance with

the penalties set forth in Republic Act No. 9775 or the “Anti-Child Pornography Act of

2009”: Provided, That the penalty to be imposed shall be one (1) degree higher than

that provided for in Republic Act No. 9775 if committed through a computer system.

29
Section 5. Other Cybercrimes. – The following constitute other cybercrime offenses

punishable under the Act:

1. Cyber-squatting – The acquisition of a domain name over the internet, in bad faith, in

order to profit, mislead, destroy reputation, and deprive others from registering the

same, if such a domain name is:

Similar, identical, or confusingly similar to an existing trademark registered with

the appropriate government agency at the time of the domain name registration;

a. Identical or in any way similar with the name of a person other than the registrant, in

case of a personal name; and

b. Acquired without c. right or with intellectual property interests in it.

Cyber-squatting shall be punished with imprisonment of prison mayor, or a fine of

at least Two Hundred Thousand Pesos (P200, 000.00) up to a maximum amount

commensurate to the damage incurred, or both: Provided, That if it is committed against

critical infrastructure, the penalty of reclusion temporal, or a 􀀴ne of at least Five

Hundred Thousand Pesos (P500, 000.00) up to maximum amount commensurate to the

damage incurred, or both shall be imposed.

2. Cybersex – The wilful engagement, maintenance, control or operation, directly or

indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of

a computer system, for favour or consideration. Any person found guilty cybersex shall

be punished with imprisonment of prison mayor, or a fine of at least Two Hundred

Thousand Pesos (P200, 000.00), but not exceeding One Million Pesos (P1,

000,000.00), or both. Cybersex involving a child shall be punished in accordance with

the provision on child pornography of the Act.

30
 Where the maintenance, control, or operation of cybersex likewise constitutes an

offense punishable under Republic Act No. 9208, as amended, a prosecution under the

Act shall be without prejudice to any liability for violation of any provision of the Revised

Penal Code, as amended, or special laws, including R.A. No. 9208, consistent with

Section 8 hereof.

3. Libel – The unlawful or prohibited acts of libel, as defined in Article 355 of the

Revised Penal Code, as amended, committed through a computer system or any other

similar means which may be devised in the future shall be punished with prison

correctional in its maximum period to prison mayor in its minimum period or a 􀀴ne

ranging from Six Thousand Pesos (P6,000.00) up to the maximum amount determined

by Court, or both, in addition to the civil action which may be brought by the offended

party:

Provided, that this provision applies only to the original author of the post or

online libel, and not to others who simply receive the post and react to it.

4. Other offenses – The following acts shall also constitute an offense which shall be

punished with imprisonment of one (1) degree lower than that of the prescribed penalty

for the offense, or a fine of at least One Hundred Thousand Pesos (P100,000.00) but

not exceeding Five Hundred Thousand Pesos (P500,000.00), or both:

Aiding or Abetting in the Commission of Cybercrime. – Any person who wilfully

abets, aids, or financially benefits in the commission of any of the offenses enumerated

in the Act shall be held liable, except with respect to Sections 4(c)(2) on Child

Pornography and 4(c)(4) on online Libel.

31
A. Attempt to Commit Cybercrime. – Any person who wilfully attempts to commit any of

the offenses enumerated in the Act shall be held liable, except with respect to Sections

4(c) (2) on Child Pornography and 4(c) (4) on online Libel.

B. Other Liabilities and Penalties

Section 6. Corporate Liability. – When any of the punishable acts herein defined are

knowingly committed on behalf of or for the benefit of a juridical person, by a natural

person acting either individually or as part of an organ of the juridical person, who has a

leading position within, based on:

(a) a power of representation of the juridical person; (b) an authority to take decisions

on behalf of the juridical person; or (c) an authority to exercise control within the juridical

person, the juridical person shall be held liable for a fine equivalent to at least double

the fines imposable in Section 7 up to a maximum of Ten Million Pesos (P10,

000,000.00).

If the commission of any of the punishable acts herein defined was made

possible due to the lack of supervision or control by a natural person referred to and

described in the preceding paragraph, for the benefit of that juridical person by a natural

person acting under its authority, the juridical person shall be held liable for a fine

equivalent to at least double the fines imposable in Section 7 up to a maximum of Five

Million Pesos (P5, 000,000.00). The liability imposed on the juridical person shall be

without prejudice to the criminal liability of the natural person who has committed the

offense.

Section 7. Violation of the Revised Penal Code, as Amended, Through and With the

Use of Information and Communication Technology. – All crimes defined and penalized

32
by the Revised Penal Code, as amended, and special criminal laws committed by,

through and with the use of information and communications technologies shall be

covered by the relevant provisions of the Act: Provided, That the penalty to be imposed

shall be one (1) degree higher than that provided for by the Revised Penal Code, as

amended, and special laws, as the case may be.

Section 8. Liability under Other Laws. – A prosecution under the Act shall be without

prejudice to any liability for violation of any provision of the Revised Penal Code, as

amended or special laws: Provided,

That this provision shall not apply to the prosecution of an offender under (1)

both Section 4(c)(4) of R.A. 10175 and Article 353 of the Revised Penal Code; and (2)

both Section 4(c)(2) of R.A. 10175 and R.A. 9775 or the “Anti-Child Pornography Act of

2009”.

RULE 3

Enforcement and Implementation

Section 9. Law Enforcement Authorities. – The National Bureau of Investigation (NBI)

and the Philippine National Police (PNP) shall be responsible for the efficient and

effective law enforcement of the provisions of the Act. The NBI and the PNP shall

organize a cybercrime division or unit to be manned by Special Investigators to

exclusively handle cases involving violations of the Act.

The NBI shall create a cybercrime division to be headed by at least a Head

Agent. The PNP shall create an anti-cybercrime unit headed by at least a Police

Director.

33
The DOJ – Office of Cybercrime (OOC) created under the Act shall coordinate the

efforts of the NBI and the PNP in enforcing the provisions of the Act.

Section 10. Powers and Functions of Law Enforcement Authorities. – The NBI and PNP

cybercrime unit or division shall have the following powers and functions:

Investigate all a. cybercrimes where computer systems are involved;

Conduct data recovery and forensic analysis on computer systems and other electronic

evidence seized;

b. Formulate guidelines in investigation, forensic evidence recovery, and forensic data

analysis consistent with industry standard practices;

c. Provide technological support to investigating units within the PNP and NBI including

the search, seizure, evidence preservation and forensic recovery of data from crime

scenes and systems used in crimes, and provide testimonies;

d.

e. Develop public, private sector, and law enforcement agency relations in addressing

cybercrimes;

f. Maintain necessary and relevant databases for statistical and/or monitoring purposes;

Develop capacity within their organizations in order to perform such duties necessary

for the enforcement of the Act;

g.

h. Support the formulation and enforcement of the national cyber security plan; and

i. Perform other functions as may be required by the Act.

Section 11. Duties of Law Enforcement Authorities. – To ensure that the technical

nature of cybercrime and its prevention is given focus, and considering the procedures

34
involved for international cooperation, law enforcement authorities, specifically the

computer or technology crime divisions or units responsible for the investigation of

cybercrimes, are required to submit timely and regular reports including pre-operation,

post-operation and investigation results, and such other documents as may be required

to the Department of Justice (DOJ) – Office of Cybercrime for review and monitoring.

Law enforcement authorities shall act in accordance with the guidelines, advisories and

procedures issued and promulgated by the competent authority in all matters related to

cybercrime, and utilize the prescribed forms and templates, including, but not limited to,

preservation orders, chain of custody, consent to search, consent to assume

account/online identity and request for computer forensic examination.

Section 12. Preservation and Retention of Computer Data. – The integrity of traffic data

and subscriber information shall be kept, retained and preserved by a service provider

for a minimum period of six (6) months from the date of the transaction. Content data

shall be similarly preserved for six (6) months from the date of receipt of the order from

law enforcement authorities requiring its preservation.

Law enforcement authorities may order a one-time extension for another six (6)

months: Provided, That once computer data that is preserved, transmitted or stored by

a service provider is used as evidence in a case, the mere act of furnishing such service

provider with a copy of the transmittal document to the Office of the Prosecutor shall be

deemed a notification to preserve the computer data until the final termination of the

case and/or as ordered by the Court, as the case may be. The service provider ordered

to preserve computer data shall keep the order and its compliance therewith

confidential.

35
Section 13. Collection of Computer Data. Law enforcement authorities, upon the

issuance of a court warrant, shall be authorized to collect or record by technical or

electronic means, and the service providers are required to collect or record by

technical or electronic means and/or to cooperate and assist in the collection or

recording of computer data that are associated with specified communications

transmitted by means of a computer system.

The court warrant required under this section shall be issued or granted upon

written application, after the examination under oath or affirmation of the applicant and

the witnesses he may produce, and the showing that: (1) there are reasonable grounds

to believe that any of the crimes enumerated hereinabove has been committed, is being

committed or is about to be committed; (2) there are reasonable grounds to believe that

the evidence that will be obtained is essential to the conviction of any person for, or to

the solution of, or to the prevention of any such crimes; and (3) there are no other

means readily available for obtaining such evidence.

Section 14. Disclosure of Computer Data. – Law enforcement authorities, upon securing

a court warrant, shall issue an order requiring any person or service provider to disclose

or submit, within seventy-two (72) hours from receipt of such order, subscriber’s

information, traffic data or relevant data in his/its possession or control, in relation to a

valid complaint officially docketed and assigned for investigation by law enforcement

authorities, and the disclosure of which is necessary and relevant for the purpose of

investigation. Law enforcement authorities shall record all sworn complaints in their

official docketing system for investigation.

36
Section 15. Search, Seizure and Examination of Computer Data. – Where a search and

seizure warrant is properly issued, the law enforcement authorities shall likewise have

the following powers and duties:

a. Within the time period specified in the warrant, to conduct interception, as defined in

this Rules, and to:

1. Search and seize computer data;

2. A computer system or a computer data storage medium;

3. Make and retain a copy of those computer data secured;

4. Maintain the integrity of the relevant stored computer data;

5. Conduct forensic analysis or examination of the computer data storage medium; and

Render inaccessible or remove those computer data in the accessed computer or

computer and communications network.

6.

b. Pursuant thereto, the law enforcement authorities may order any person, who has

knowledge about the functioning of the computer system and the measures to protect

and preserve the computer data therein, to provide, as is reasonable, the necessary

information to enable the undertaking of the search, seizure and examination.

c. Law enforcement authorities may request for an extension of time to complete the

examination of the computer data storage medium and to make a return thereon, but in

no case for a period longer than thirty (30) days from date of approval by the court.

Section 16. Custody of Computer Data. – All computer data, including content and

traffic data, that are examined under a proper warrant shall, within forty-eight (48) hours

after the expiration of the period fixed therein, be deposited with the court in a sealed

37
package, and shall be accompanied by an affidavit of the law enforcement authority

executing it, stating the dates and times covered by the examination, and the law

enforcement authority who may have access to the deposit, among other relevant data.

The law enforcement authority shall also certify that no duplicates or copies of

the whole or any part thereof have been made or, if made, that all such duplicates or

copies are included in the package deposited with the court. The package so deposited

shall not be opened, or the recordings replayed, or used in evidence, or their contents

revealed, except upon order of the court, which shall not be granted except upon

motion, with due notice and opportunity to be heard to the person or persons whose

conversation or communications have been recorded.

Section 17. Destruction of Computer Data. – Upon expiration of the periods as provided

in Sections 12 and 15 hereof, or until the final termination of the case and/or as ordered

by the Court, as the case may be, service providers and law enforcement authorities, as

the case may be, shall immediately and completely destroy the computer data that are

the subject of a preservation and examination order or warrant.

Section 18. Exclusionary Rule. – Any evidence obtained without a valid warrant or

beyond the authority of the same shall be inadmissible for any proceeding before any

court or tribunal.

The Rules of Court shall have suppletory application in implementing the Act.

1. Section 19. Non-compliance. – Failure to comply with the provisions of Chapter

IV of the Act, and

38
Rules 7 and 8 of Chapter VII hereof, specifically the orders from law enforcement

authorities, shall be punished as a violation of Presidential Order No. 1829 (entitled

“Penalizing Obstruction Of

Apprehension And Prosecution of Criminal Offenders”) with imprisonment of prison

correctional in its maximum period, or a fine of One Hundred Thousand Pesos (P100,

000.00), or both for each and every noncompliance with an order issued by law

enforcement authorities.

Section 20. Extent of Liability of a Service Provider. – Except as otherwise provided in

this Section, no person or party shall be subject to any civil or criminal liability in respect

of a computer data for which the person or party acting as a service provider merely

provides access if such liability is founded on:

a. The obligations and liabilities of the parties under a computer data;

b. The making, publication, dissemination or distribution of such computer data or any

statement made in such computer data, including possible infringement of any right

subsisting in or in relation to such computer data: Provided, That:

The service provider does not have actual knowledge, or is not aware of the facts

or circumstances from which it is apparent, that the making, publication, dissemination

or distribution of such material is unlawful or infringes any rights subsisting in or in

relation to such material;

1. The service provider does not knowingly receive a financial benefit directly

attributable to the unlawful or infringing activity; and

2. The service provider does not directly commit any infringement or other unlawful act,

does not induce or cause another person or party to commit any infringement or other

39
unlawful act, and/or does not directly benefit financially from the infringing activity or

unlawful act of another person or party: Provided, further, that nothing in this Section

shall affect:

3.

i. Any obligation arising from contract;

ii. The obligation of a service provider as such under a licensing or other regulatory

regime established under law;

iii. Any obligation imposed under any law; or

iv. The civil liability of any party to the extent that such liability forms the basis for

injunctive relief issued by a court under any law requiring that the service provider take

or refrain from actions necessary to remove, block or deny access to any computer

data, or to preserve evidence of a violation of law.

RULE 4

Jurisdiction

Section 21. Jurisdiction. – The Regional Trial Court shall have jurisdiction over any

violation of the provisions of the Act, including any violation committed by a Filipino

national regardless of the place of commission. Jurisdiction shall lie if any of the

elements was committed within the Philippines, or committed with the use of any

computer system that is wholly or partly situated in the country, or when by such

commission any damage is caused to a natural or juridical person who, at the time the

offense was committed, was in the Philippines.

Section 22. Venue. – Criminal action for violation of the Act may be 􀀴led with the RTC

of the province or city where the cybercrime or any of its elements is committed, or

40
where any part of the computer system used is situated, or where any of the damage

caused to a natural or juridical person took place:

Provided, that the court where the criminal action is first filed shall acquire jurisdiction to

the exclusion of other courts.

Section 23. Designation of Cybercrime Courts. – There shall be designated special

cybercrime courts manned by specially trained judges to handle cybercrime cases.

Section 24. Designation of Special Prosecutors and Investigators. – The Secretary of

Justice shall designate prosecutors and investigators who shall comprise the

prosecution task force or division under the DOJ-Office of Cybercrime, which will handle

cybercrime cases in violation of the Act.

RULE 5

International Cooperation

Section 25. International Cooperation. – All relevant international instruments on

international cooperation on criminal matters, and arrangements agreed on the basis of

uniform or reciprocal legislation and domestic laws shall be given full force and effect, to

the widest extent possible for the purposes of investigations or proceedings concerning

crimes related to computer systems and data, or for the collection of electronic evidence

of crimes.

The DOJ shall cooperate and render assistance to other contracting parties, as

well as request assistance from foreign states, for purposes of detection, investigation

and prosecution of offenses referred to in the Act and in the collection of evidence in

electronic form in relation thereto. The principles contained in Presidential Decree No.

41
1069 and other pertinent laws, as well as existing extradition and mutual legal

assistance treaties, shall apply. In this regard, the central authority shall:

a. Provide assistance to a requesting State in the real-time collection of traffic data

associated with specified communications in the country transmitted by means of a

computer system, with respect to criminal offenses defined in the Act for which real-time

collection of traffic data would be available,

1. subject to the provisions of Section 13 hereof;

b. Provide assistance to a requesting State in the real-time collection, recording or

interception of content data of specified communications transmitted by means of a

computer system, subject to the provision of Section 13 hereof;

c. Allow another State to: Access publicly available stored computer 1. data located in

the country or elsewhere; or Access or receive, through a computer system located in

the country, stored computer data located in another country, if the other State obtains

the lawful and voluntary consent of the person who has the lawful authority to disclose

the data to said other State through that computer system.

2.

d. Receive a request of another State for it to order or obtain the expeditious

preservation of data stored by means of a computer system located within the country,

relative to which the requesting State shall submit a request for mutual assistance for

the search or similar access, seizure or similar securing, or disclosure of the stored

computer data: Provided, That:

1. A request for preservation of data under this section shall specify:

i. The authority seeking the preservation;

42
ii. The offense that is the subject of a criminal investigation or proceedings and a brief

summary of the related facts;

iii. The stored computer data to be preserved and its relationship to the offense;

iv. The necessity of the preservation; and

v. That the requesting State shall submit a request for mutual assistance for the search

or similar access, seizure or similar securing, or disclosure of the stored computer data.

2. Upon receiving the request from another State, the DOJ and law enforcement

agencies shall take all appropriate measures to expeditiously preserve the specified

data, in accordance with the Act and other pertinent laws. For the purposes of

responding to a request for preservation, dual criminality shall not be required as a

condition;

3. A request for preservation may only be refused if:

i. The request concerns an offense that the Philippine Government considers as a

political offense or an offense connected with a political offense; or

ii. The Philippine Government considers the execution of the request to be prejudicial to

its sovereignty,

1. Security, public order or other national interest.

4. Where the Philippine Government believes that preservation will not ensure the future

availability of the data, or will threaten the confidentiality of, or otherwise prejudice the

requesting State’s investigation, it shall promptly so inform the requesting State. The

requesting State will determine whether its request should be executed; and

5. Any preservation effected in response to the request referred to in paragraph (d) shall

be for a period not less than sixty (60) days, in order to enable the requesting State to

43
submit a request for the search or similar access, seizure or similar securing, or

disclosure of the data. Following the receipt of such a request, the data shall continue to

be preserved pending a decision on that request.

e. Accommodate request from another State to search, access, seize, secure, or

disclose data stored by means of a computer system located within the country,

including data that has been preserved under the previous subsection.

The Philippine Government shall respond to the request through the proper

application of international instruments, arrangements and laws, and in accordance with

the following rules:

1. The request shall be responded to on an expedited basis where:

i. There are grounds to believe that relevant data is particularly vulnerable to loss or

modification; or

ii. The instruments, arrangements and laws referred to in paragraph (b) of this section

otherwise provide for expedited cooperation.

2. The requesting State must maintain the confidentiality of the fact or the subject of

request for assistance and cooperation. It may only use the requested information

subject to the conditions specified in the grant.

f. Make a request to any foreign state for assistance for purposes of detection,

investigation and prosecution of offenses referred to in the Act;

g. The criminal offenses described under Chapter II of the Act shall be deemed to be

included as extraditable offenses in any extradition treaty where the Philippines is a

party: Provided, That the offense is punishable under the laws of both Parties

44
concerned by deprivation of liberty for a minimum period of at least one year or by a

more severe penalty.

The Secretary of Justice shall designate appropriate State Counsels to handle all

matters of international cooperation as provided in this Rule.

RULE 6

Competent Authorities

Section 26. Cybercrime Investigation and Coordinating Centre; Composition. – The

inter-agency body known as the Cybercrime Investigation and Coordinating Centre

(CICC), under the administrative supervision of the Office of the President, established

for policy coordination among concerned agencies and for the formulation and

enforcement of the national cyber security plan, is headed by the Executive Director of

the Information and Communications Technology Office under the Department of

Science and Technology (ICTO-DOST) as Chairperson; the Director of the NBI as Vice-

Chairperson; and the Chief of the PNP, the Head of the DOJ Office of Cybercrime, and

one (1) representative each from the private sector, non-governmental organizations,

and the academe as members. The CICC members shall be constituted as an

Executive Committee and shall be supported by Secretariats, specifically for

Cybercrime, Administration, and Cyber security. The Secretariats shall be manned from

existing personnel or representatives of the participating agencies of the CICC.

The CICC may enlist the assistance of any other agency of the government including

government-owned and -controlled corporations, and the following:

a. Bureau of Immigration;

b. Philippine Drug Enforcement Agency;

45
c. Bureau of Customs;

d. National Prosecution Service;

e. Anti-Money Laundering Council;

f. Securities and Exchange Commission;

g. National Telecommunications Commission; and

h. Such other offices, agencies and/or units, as may be necessary.

The DOJ Office of Cybercrime shall serve as the Cybercrime Operations Centre

of the CICC and shall submit periodic reports to the CICC.

Participation and representation in the Secretariat and/or Operations Centre does

not require physical presence, but may be done through electronic modes such as

email, audio-visual conference calls, and the like.

Section 27. Powers and Functions. – The CICC shall have the following powers and

functions:

Formulate a national cyber security plan and extend immediate assistance for the

suppression of real-time commission of cybercrime offenses through a computer

emergency response team

(CERT);

A.Coordinate the preparation of appropriate and effective measures to prevent and

suppress cybercrime activities as provided for in the Act;

b. Monitor cybercrime cases being handled by participating law enforcement and

prosecution agencies;

1. c.

46
Coordinate the support and participation of the business sector, local government units

and NGOs in cybercrime prevention programs and other related projects;

Recommend the enactment of appropriate laws, f. issuances, measures and policies;

Call upon any government agency to render assistance in the accomplishment of the

CICC’smandated tasks and functions;

Establish and perform community awareness program on cybercrime prevention in

coordination with law enforcement authorities and stakeholders; and h.

Perform all other matters related to cybercrime prevention and suppression, including

capacity building and such other functions and duties as may be necessary for the

proper implementation of the Act.

i.

Section 28. Department of Justice (DOJ); Functions and Duties. – The DOJ-Office of

Cybercrime (OOC), designated as the central authority in all matters related to

international mutual assistance and extradition, and the Cybercrime Operations Centre

of the CICC, shall have the following functions and duties:

Act as a competent authority for all requests for assistance for investigation or

proceedings concerning cybercrimes, facilitate the provisions of legal or technical

advice, preservation and production of data, collection of evidence, giving legal

information and location of suspects;

a.

Act on complaints/referrals, and cause the investigation and prosecution of cybercrimes

and other violations of the Act;

b.

47
c. Issue preservation orders addressed to service providers;

Administer oaths, issue subpoena and summon witnesses to appear in an investigation

or proceedings for cybercrime;

d.

Require the submission of timely and regular reports including pre-operation, post-

operation and investigation results, and such other documents from the PNP and NBI

for monitoring and review;

e.

Monitor the compliance of the service providers with the provisions of Chapter IV of the

Act, and Rules 7 and 8 hereof;

f. Facilitate international cooperation with other law enforcement agencies on

intelligence, investigations, training and capacity-building related to cybercrime

prevention, suppression and prosecution;

g. Issue and promulgate guidelines, advisories, and procedures in all matters related to

cybercrime investigation, forensic evidence recovery, and forensic data analysis

consistent with industry standard practices;

h. Prescribe forms and templates, including, but not limited to, those for preservation

orders, chain of custody, consent to search, consent to assume account/online identity,

and request for computer forensic examination;

i. Undertake the specific roles and responsibilities of the DOJ related to cybercrime

under the

1. Implementing Rules and Regulation of Republic Act No. 9775 or the “Anti-Child

Pornography Act of its necessary for the implementation of the Act.

48
Section 29. Computer Emergency Response Team (CERT). – The DOST-ICT Office

shall establish and operate the Computer Emergency Response Team (CERT) that

shall serve as coordinator for cyber security related activities, including but not limited to

the following functions and duties:

a. Extend immediate assistance to the CICC to fulfil its mandate under the Act with

respect to matters related to cyber security and the national cyber security plan;

b. Issue and promulgate guidelines, advisories, and procedures in all matters related to

cyber security and the national cyber security plan;

c. Facilitate international cooperation with other security agencies on intelligence,

training, and capacity-building related to cyber security; and

d. Serve as the focal point for all instances of cyber security incidents by:

1. Providing technical analysis of computer security incidents;

2. Assisting users in escalating abuse reports to relevant parties;

3. Conducting research and development on emerging threats to computer security;

4. Issuing relevant alerts and advisories on emerging threats to computer security.

Coordinating cyber security incident responses with trusted third parties at the national

and international levels; and

5.

6. Conducting technical training on cyber security and related topics.

The Philippine National Police and the National Bureau of Investigation shall serve as

the field operations arm of the CERT. The CERT may also enlist other government

agencies to perform CERT functions.

RULE 7

49
 Duties of Service Providers

Section 30. Duties of a Service Provider. – The following are the duties of a service

provider:

Preserve the integrity of traffic data and subscriber information for a minimum period of

six (6) months from the date of the transaction;

a. Preserve the integrity of content data for six (6) months from the date of receipt of the

order from law enforcement or competent authorities requiring its preservation;

b. Preserve the integrity of computer data for an extended period of six (6) months from

the date of receipt of the order from law enforcement or competent authorities requiring

extension on its preservation;

1.c.

d. Ensure e. the confidentiality of the preservation orders and its compliance;

Collect or record by technical or electronic means, and/or cooperate and assist law

enforcement or competent authorities in the collection or recording of computer data

that are associated with specified communications transmitted by means of a computer

system, in relation to Section 13 hereof;

disclose or submit subscriber’s information, traffic data or relevant data in his/its

possession or control to law enforcement or competent authorities within seventy-two

(72) hours after receipt of order and/or copy of the court warrant;

g. Report to the DOJ – Office of Cybercrime compliance with the provisions of Chapter

IV of the Act, and Rules 7 and 8 hereof;

50
h. Immediately and completely destroy the computer data subject of a preservation and

examination after the expiration of the period provided in Sections 13 and 15 of the Act;

and

i. Perform such other duties as may be necessary and proper to carry into effect the

provisions of the Act.

j.

Section 31. Duties of a Service Provider in Child Pornography Cases. – In line with RA

9775 or the “Anti-Child Pornography Act of 2009”, the following are the duties of a

service provider in child pornography cases:

An internet service provider (ISP)/internet content host shall install available

technology, program or software, such as, but not limited to, system/technology that

produces hash value or any similar calculation, to ensure that access to or transmittal of

any form of child pornography will be blocked or filtered;

1. Service providers shall immediately notify law enforcement authorities within seven

(7) days of facts and circumstances relating to any form child pornography that passes

through or are being committed in their system; and

2. A service provider or any person in possession of traffic data or subscriber’s

information, shall, upon the request of law enforcement or competent authorities, furnish

the particulars of users who gained or attempted to gain access to an internet address

that contains any form of child pornography. ISPs shall also preserve customer data

records, specifically the time, origin, and destination of access, for purposes of

investigation and prosecution by relevant authorities under

Sections 9 and 11 of R.A. 9775.

51
3.

RULE 8

Prescribed Forms and Procedures

SEC. 32. Prescribed Forms and Procedures. – The DOJ – Office of Cybercrime shall

issue and promulgate guidelines, advisories, and procedures in all matters related to

cybercrime, investigation, forensic evidence recovery, and forensic data analysis

consistent with international best practices, in accordance with Section 28(h) and (i)

hereof.

It shall also prescribe forms and templates such as, but not limited to,

preservation orders, chain of custody, consent to search, consent to assume

account/online identity, request for computer forensic assistance, write-blocking device

validation and first responder checklist.

RULE 9

Final Provisions

SEC. 33. Appropriations. – The amount of Fifty Million Pesos (P50, 000,000.00) shall be

appropriated annually for the implementation of the Act under the fiscal management of

DOJ – Office of

Cybercrime. Section 34. Reparability Clause. – If any provision of these Rules is held

invalid, the other provisions not affected shall remain in full force and effect.

Section 35. Repealing Clause. – All rules and regulations inconsistent with these Rules

are hereby repealed or modified accordingly.

52
Section 36. Affectivity. – These rules and regulations shall take effect fifteen (15) days

after the completion of its publication in at least two (2) newspapers of general

circulation.

DONE in the City of Manila, this 12th day of August 2015.

(Sgd.) MAR ROXAS

Secretary Department of Interior and Local Government

(Sgd.) MARIO G. MONTEJO

Secretary Department of Science and Technology

(Sgd.) LEILA M. DE LIMA

Secretary Department of Justice

53
 Chapter III

Methodology

Research Design

With this, the researchers will be going to discuss what the research design of

this study is.

The researchers used qualitative method in conducting the study. And they

interviewed personally the respondents to gather the needed data directly. They used

this kind of method because they strongly believe that it is the best way to have

collected the needed data clearly and without having conflicts.

Target Population and Sampling Design

At this moment the researchers will going to answer the following questions:

Where is the study had undergone? How big is the target Population?

The study had under in the Barangay of San Roque in the Municipality of

Malungon and in the Province of Sarangani. This study doesn’t cater all of the residents

of San Roque but to the Out of School Youth only.

54
Research Instrument

The researchers used the following instrument to make this research possible.

 Ball pen/Paper- the researchers used ball pen and paper especially in making their

drafts and gathering information through the written questionnaires.

 Laptop/Computer- the researchers used laptop and computer in gather the RRL or

simply the Review and Related Literature where they believe that is very important

part of a research. Also, as well during their encoding time for the research.

 Cell phone- the researchers used cell phone in this research in conducting the

interview. It is used in recording video, voice recording to have the exact answers of

the respondents. As well it is used for picture taking as a proof that the research is

done properly.

 Questionnaires- are very important instrument in this study because it is where the

researchers relay on gathering data. It is had written and composed of 10 questions

only.

55
 Chapter III

Data Collection

Result/ Discussion

By: Reneboy L. Escala

Questions: Answers:
1. Do you know what cybercrime is? -No
2. Do you know its effects to the victim? -No
3. Do you know in what instance things -No

can be considered as cybercrime?

4. Have you ever experienced cybercrime? -Yes
5. Do you know what the kinds of -No

cybercrime are?
6. As a youth living in Barangay San -my recommendation would be it is better

Roque, what recommendations you may for all of us to cooperate and have a unity

present to the parents, teenagers and in order to diminish any cybercrime

officials of the Barangay? incident in our barangay.

7. Do you know what cybercrime -No

prevention Act of 2012 is?

By: Richard Teo

Questions: Answers:
1. Do you know what cybercrime is? -Yes
2. Do you know its effects to the victim? -Yes
3. Do you know in what instance things -Yes

56
can be considered as cybercrime?
4. Have you ever experienced cybercrime? -Yes
5. Do you know what the kinds of -Yes

cybercrime are?
6. As a youth living in Barangay San -my recommendation would be to have

Roque, what recommendations you may any activities for the cybercrime victims for

present to the parents, teenagers and them to cope up and to be aware of such

officials of the Barangay? case.

7. Do you know what cyber-crime -Yes

prevention Act of 2012 is?

By: Mercy Samary

Questions: Answers:
1. Do you know what cybercrime is? -No
2. Do you know its effects to the victim? -No
3. Do you know in what instance things -No

can be considered as cybercrime?

4. Have you ever experienced cybercrime? -No
5. Do you know what the kinds of -No

cybercrime are?
6. As a youth living in Barangay San - To have a disciplinary committee who will

57
Roque, what recommendations you may be in charge in informing people what is

present to the parents, teenagers and cybercrime all about.

officials of the Barangay?

7. Do you know what cyber-crime -No

prevention Act of 2012 is?

By: Jun Pitong

Questions: Answers:
1. Do you know what cybercrime is? -Yes
2. Do you know its effects to the victim? -Yes
3. Do you know in what instance things -Yes

can be considered as cybercrime?

4. Have you ever experienced cybercrime? -Yes
5. Do you know what the kinds of -Yes

cybercrime are?
6. As a youth living in Barangay San -my recommendation would be to mobilize

Roque, what recommendations you may the cybercrime Act.

present to the parents, teenagers and

officials of the Barangay?

7. Do you know what cyber-crime -Yes

58
prevention Act of 2012 is?

By: Marvin Pitong

Questions: Answers:
1. Do you know what cybercrime is? - No
2. Do you know its effects to the victim? -No
3. Do you know in what instance things -No

can be considered as cybercrime?

4. Have you ever experienced cybercrime? -No
5. Do you know what the kinds of -No

cybercrime are?
6. As a youth living in Barangay San -it very helpful if everyone knows any

Roque, what recommendations you may detail regarding with the cybercrime and

present to the parents, teenagers and the law concerning it.

officials of the Barangay?

7. Do you know what cyber-crime -No

prevention Act of 2012 is?

59
Conclusion

Cybercrime is now commonplace and presents new challenges in the prevention

and detection of crime. Drawing on abroad introduction to the history, functions and

technologies of the internet this course addresses issues of prevention and regulation

and also describes the evolution of criminal activities involving computers. Illustrative

topics will include hacker myths and realities, computer forensics, ID Theft, spam,

malware, phishing, fraud, crime ware tool kits, protecting personal privacy, passwords

and crime groups in cyberspace.

Youths will gain an understanding of common forms of cybercriminal activity and

the technological and ‘social engineering’ methods used to undertake such crimes.

Current methods to prevent, investigate and detect computer-related offences, using

case-based and problem based learning approaches, will be used to illustrate practical,

legal and regulatory measures available to counter its impacts.

After the research had done by the researchers, they concluded that as the

technology becomes better and better each crime are now more high tech too.

Criminals can do such crimes easier because of the technology.

Indeed, everyone should take care and be observant enough to avoid the said

crimes and should help each one another for the criminals to take the consequences of

what they had done.

60
 Out of school youth living in Sam Roque claims that they are spending much time

in the internet rather than physical communication with their friends. They are enjoying

on what are the trends on the internet and none of them wanted to be out schooled.

One of the findings also is that some of the respondents already experienced

some of the cybercrimes without them knowing it. Why? Because they don’t know what

is cybercrime all about and they also don’t know what is the Cybercrime Prevention Act

of 2012 that protects them as a youth.

However, at the end of the day, the respondents believe that through their study

a lot of out of school youth living in San Roque will open their minds about cybercrime

and avoid such crimes to avoid also the punishable acts and punishments being tackled

in the law. It can also help them just in case they will be victimized in any of the crimes.

Recommendation

 Beneficiaries- It will help all the beneficiaries to be open on what cybercrime all

about is and how they can protect their selves against it with the help of the law

enforcement agencies. Therefore, they a

 Researchers- this research doesn’t only help the beneficiaries but to the researchers

too for the reason that they are able to know what kind of cybercrime currently exists

in their barangay. It is recommended to the researchers to continually bring updates

on the said issue for the enhancement of their research.

 Community-it is recommended to the community especially to the Barangay Officials

to take the responsibilities for the good of the victims and for the consequences of

the cybercriminals. They are also recommended to do surveys that doesn’t only

61
 cater the population of the youth but to all in order to know the how worst is

cybercrime in the Barangay San Roque.

 Municipality-it is recommended to the municipality to do something in order to

mobilize the Cybercrime Prevention Act of 2012 in which the youths can be now

more updated with the said law.

 Nation- it is recommended to the nation to recognize this research because

cybercrime isn’t only happening in barangay San Roque.

62
Bibliography

 Studymafia.org/cyber-crime-seminar-ppt-with-pdf-report/

 https://www.slideshare.net/mobile/ishmecse13/case-study-on-cyber-crime

 Study.com

 Programsandcourses.anu.edu.au/2015/course/socy2160

 Philippines-Implementing Rules and Regulations on Cybercrime Prevention Act

of 2012 [Eng]

 Cyber bullying-Identification-Prevention-Response

 Norton_USA-HumanImpact-A4_Aug4-2

 2009aunen

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Appendices

Questionnaires:

1. Do you know what cybercrime is?

2. Do you know its effects to the victim?

3. Do you know in what instance things can be considered as cybercrime?

4. Have you ever experienced cybercrime?

5. Do you know what the kinds of cybercrime are?

6. As a youth living in Barangay San Roque, what recommendations you may

present to the parents, teenagers and officials of the Barangay?

7. . Do you know what cyber-crime prevention Act of 2012 is?

64